Article IX.A.2.m.
A.
Corrective Discipline
Intent
1.
This program of corrective employee discipline is intended to help promote and
maintain a high level of acceptable performance on the part of all classified staff
members, with the ultimate goal of creating the most productive working climate
for employees, and the best possible learning environment for students.
2.
The corrective discipline program is based on the concept that many employee
performance problems can be corrected through the systematic use of progressive
discipline, with increasingly severe penalties for repeated or serious instances of
employee misconduct.
By applying the steps of corrective discipline, the District hopes to correct any
patterns of unacceptable conduct on the part of classified employees. If, however,
an employee remains unable or unwilling to correct such conduct, the District has
an obligation to pursue the steps required for the orderly dismissal of the
individual from District employment.
B.
3.
The objectives of corrective discipline can be stated as follows:
-- To help correct performance problems.
-- To help communicate what is expected.
-- To establish consistent standards.
-- To protect the District's investment in employee training.
-- To preserve the individual's employment when possible.
-- To dismiss with fairness when necessary.
4.
The corrective discipline program assumes that fair discipline of employees
should incorporate the following elements:
-- Good communication of rules.
-- Consistent application of rules.
-- Specific warning of problems.
-- Careful investigation of facts.
-- Chance to hear both sides of story.
-- Specific evidence of wrongdoing.
-- Level of discipline that fits level of infraction.
-- Progressive discipline for minor offenses.
-- More serious discipline for more serious offenses.
Definitions
1.
Corrective Discipline includes any warnings, suspensions, or dismissals initiated
by the Board or its representative against an employee for acts or omissions which
shall include, but not be limited to, those acts or omissions described below.
2.
Board is the Board of Education of Granite School District.
C.
3.
Employee is a regular contract classified employee after one year of continuous
and current contract employment.
4.
Intern, hourly (except Career Employees) and temporary employees are not
subject to the provision of this Corrective Discipline Policy. Such employees
have no expectation for continuing employment with the District; they may not
use the grievance procedures or the orderly termination procedure to appeal their
suspension or dismissal, or any decision by the District not to renew their
contract.
Grounds for Discipline
Just cause for disciplinary action, up to and including dismissal, shall include but not be
limited to the following acts or omissions by a regular classified employee. Such acts or
omissions shall constitute misconduct under the provision of this corrective discipline
program.
1.
Conduct which violates any established rule, regulation, policy or directive.
2.
Conduct which violates any provision of the collective bargaining agreement
between the Board and the employee's association.
3.
Conduct which violates the criminal law of this state or of the United States.
4.
Conduct which violates common established standards of morality.
5.
Conduct which exposes the District to censure, ridicule or reproach.
6.
Theft.
7.
Use of District property for personal gain.
8.
Negligent or willful damage to District property.
9.
Waste of District supplies or equipment.
10.
Dishonesty or falsification of any information supplied to the school District,
including data on application forms, employment records, time and attendance
records, or other information given to the District. Failure to divulge information
which is vital to the district for hiring consideration or other matters.
11.
Unexcused absence.
12.
Excessive tardiness.
13.
Excessive absenteeism.
14.
Abuse of sick leave.
D.
15.
Incompetence or inefficiency in the performance of duties.
16.
Negligence or carelessness in the performance of duties.
17.
Bringing an intoxicant onto school property; consuming an intoxicant on school
property; or reporting for work under the influence of an intoxicant.
18.
Bringing a narcotic or other controlled substance onto school property; using a
narcotic or other controlled substance on school property; or reporting for work
under the influence of a narcotic or other controlled substance.
19.
Insubordination.
20.
Assaulting another person.
Grounds for Immediate Suspension Pending an Investigation
Just cause for immediate suspension pending an investigation shall include but not be
limited to the following alleged violations. These violations constitute such serious
misconduct that immediate action is warranted.
1.
Being arrested and accused of a felony.
2.
Reporting for work under the influence of drugs or intoxicants.
3.
Possession, use, or sale of drugs or intoxicants during employment.
4.
Theft.
5.
Negligence by an employee which endangers the lives of others.
6.
Any violation of the District sexual harassment policy.
7.
Willful damage to District or school property.
8.
Falsification of records or data with the intent to defraud.
9.
Fighting during employment.
10.
Willful refusal to perform an assignment or to comply with a directive given by
the employee's supervisor.
11.
Assaulting another person.
E.
F.
G.
Persons Qualified to Issue or Initiate Corrective Discipline
1.
The Board, the Superintendent, and any administrator, supervisor or foreman may
issue or initiate corrective discipline relative to classified employees of the
District who are under their jurisdiction.
2.
Suspensions and dismissals shall not be given without the approval of the
appropriate member of the superintendency.
Communication of Rules
1.
Each classified employee will be given a copy of the blue Classified Employee
Handbook.
2.
Whenever rules, regulations or policies are adopted which are not included in the
Handbook, copies will be given to all affected employees in memorandum form.
Forms of Corrective Discipline
Misconduct may be grounds for applying the following corrective disciplinary measures:
1.
2.
3.
4.
Verbal Warning.
Written Warning.
A Career Decision Day or Suspension Without Pay and Final Warning.
Dismissal.
Such disciplinary measures shall be applied according to the terms and procedures
contained in the subsequent sections of this policy, and according to any applicable
provisions of the law or the negotiated contract.
H.
I.
Verbal Warning
1.
A verbal warning may be given to an employee for misconduct.
2.
Verbal warnings should serve notice to the employee that the specific conduct in
question is considered undesirable and needs to be corrected.
3.
Written documentation shall be made of all verbal warnings. Such written
documentation shall not be placed in the employee's personnel file, but shall be
kept by the supervisor and used later, if necessary, in preparing any written
warnings or other discipline which may subsequently be required.
Written Warning
1.
A written warning may be issued if previous warnings fail to cause correction of
the employee's misconduct, or if the seriousness of the misconduct warrants the
initiation of disciplinary action at this level.
J.
2.
The immediate supervisor shall prepare one original of the written warning and
make one copy of the original. The written warning shall be personally delivered
to the employee.
3.
The employee shall sign a copy of the written warning to indicate (only) that the
employee has received and reviewed it.
4.
The immediate supervisor shall make a copy of the written warning that is signed
by the employee for his/her own file. The signed copy of the written warning
shall be delivered to the personnel office for placement in the employee's
personnel file.
Career Decision Day/Suspension Without Pay and Final Warning
1.
An employee may be assigned a career decision day with pay or may be
suspended without pay if previous warnings fail to cause correction of the
employee's misconduct, or if the seriousness of the misconduct warrants the
initiation of disciplinary action at this level.
The supervisor should meet with the employee and should notify the employee in
advance that the meeting will be to discuss possible disciplinary action. The
employee should be informed that he or she is entitled to have a representative
present during the meeting. The purpose of this meeting shall be:
2.
a.
To give the employee the specifics of the charges against the employee;
b.
To review with the employee the evidence on which the charges are based;
c.
To give the employee an opportunity to state his or her own explanation of
what happened;
d.
To give the employee an opportunity to defend his or her conduct;
e.
To seek agreement on as many facts as possible in the case;
f.
To give the supervisor a chance to hear both sides, gather additional
relevant information, and review the case with the assistant superintendent
before finalizing any disciplinary action.
Once the supervisor and assistant superintendent have made a decision regarding
the level of disciplinary action, a meeting will be scheduled with the employee.
The employee should be informed that the meeting will be to discuss disciplinary
action. The employee should also be informed that he or she is entitled to have a
representative present during the meeting. If the decision is to allow the choice of
a career-decision day, the employee should be told to come to the meeting
prepared to choose between a paid career decision day or a day off without pay.
A paid career decision day choice would invalidate any appeal or grievance rights
normally available to the employee for the specific conduct in question. This
choice would not necessarily be viewed as an admission of guilt, but rather a nocontest issue. If necessary, the employee may request 24 hours to decide between
a career decision day and a one-day suspension without pay.
3.
The Classified Personnel Office will prepare a disciplinary letter assigning the
Career Decision Day and have it signed by the appropriate member of the
Superintendency. This letter and one copy will be provided to the immediate
supervisor to be personally delivered to the employee. The employee will be
given the original and asked to sign the copy. The immediate supervisor will
make a copy of the letter that is signed by the employee for his/her personal file
and return the copy signed by the employee to the Personnel Office for placement
in the employee's personnel file.
4.
The administration may direct a one-day suspension without pay, without choice,
if the violation is serious and just short of termination. The following guidelines
should be followed:
Career-decision Day:
a.
The employee will report to an office or location so designated by the
supervisor, at a specified time.
b.
The employee will meet with the personnel director or his designee, the
supervisor, and the employee's association president or designee to:
i.
Review the items upon which the discipline is based.
ii.
Verify that the employee fully understands what is expected of
him/her.
iii.
Get a commitment in writing (Career Decision Statement) from the
employee of future compliance and the understanding that
dismissal shall occur if further similar violations occur during a
twelve month period of time from the career decision day. All
documentation will be placed in the employee's file.
iv.
Verify that the employee waives rights to a grievance or appeal.
c.
The employee will be directed to further activities for the day other than
his or her regular work assignment: i.e. unemployment office, special
project, etc.
d.
A career decision day is the same level of discipline as a one-day
suspension without pay and will carry that same weight in any disciplinary
action against the same employee after the initial twelve month time
period.
One-day Suspension Without Pay:
K.
a.
Disciplinary suspension without pay shall be for one (1) working day, and
shall include final warning that if the misconduct is not corrected, the
employee will be dismissed.
b.
All suspensions shall be formalized in writing within two working days
after the suspension is given.
c.
The Classified Personnel Office will prepare a letter of suspension and
have it signed by the appropriate member of the Superintendency. The
letter of suspension and one copy shall be personally delivered to the
employee, or delivered by certified mail to the employee's last known
address. Letters of suspension shall state the dates of suspension and the
reason(s) for suspension.
d.
The employee shall sign a copy of the letter of suspension to indicate
(only) that the employee has received and reviewed it.
e.
The signed copy of the letter of suspension shall be placed in the
employee's personnel file.
f.
The employee may request an informal conference with the appropriate
member of the superintendency to discuss the suspension.
g.
The employee has the right to appeal the suspension, if the employee
chooses to do so, by referring to step three of the Classified Grievance
Procedure. Any appeal must be filed in writing in the superintendent's
office within five (5) calendar days after receiving the notice of
suspension.
h.
If the suspension is found on appeal to be unjustified, final action on the
matter shall include appropriate reinstatement of lost pay.
Dismissal
1.
An employee may be dismissed if previous warnings or suspension fail to cause
correction of the employee's misconduct, or if the seriousness of the misconduct
warrants the initiation of disciplinary action at this level.
2.
Whenever possible, the supervisor should meet with the employee before a
dismissal notice is issued. The supervisor should notify the employee in advance
that the meeting will be to discuss possible disciplinary action against the
employee. The employee should be informed that he or she is entitled to have a
representative present during the meeting. The purpose of this meeting shall be:
a.
To give the employee the specifics of the charges against the employee;
L.
b.
To review with the employee the evidence on which the charges and the
proposed discipline are based;
c.
To give the employee an opportunity to state his or her own explanation of
what happened;
d.
To give the employee an opportunity to defend his or her conduct;
e.
To seek agreement on as many facts as possible in the case;
f.
To give the supervisor a chance to hear both sides and gather additional
relevant information before finalizing any disciplinary action.
3.
The date of dismissal shall be no sooner than fifteen (15) calendar days following
delivery of the dismissal notice.
4.
When it would be in the best interest of the District to remove the employee from
work immediately, the employee may be suspended without pay for any
scheduled working days between the date of the dismissal notice and the date of
dismissal.
5.
Notice of dismissal shall be in writing, and shall be personally delivered to the
employee or delivered by certified mail to the employee's last known address.
Dismissal notices shall state the date of dismissal and the reason(s) for dismissal.
6.
The employee shall sign a copy of the dismissal notice to indicate (only) that the
employee has received and reviewed it.
7.
The signed copy of the dismissal notice shall be placed in the employee's
personnel file.
8.
The employee may request an informal conference with the appropriate member
of the superintendency to discuss the dismissal.
9.
The employee has the right to appeal the dismissal, if the employee chooses to do
so by referring to steps three and four of the Classified Grievance Procedure. Any
appeal must be filed in writing in the superintendent's office within five (5)
calendar days after receiving the notice of dismissal.
10.
If the dismissal is found on appeal to be unjustified, final action on the matter
shall include appropriate reinstatement of lost pay.
Finality of Discipline
1.
Warning notices, suspension notices, dismissal notices or any other
documentation of disciplinary action shall be withdrawn from the personnel file
and destroyed by the supervisor when the employee can demonstrate to the
supervisor that the documentation is not accurate, or that the discipline involved is
not warranted by the facts and circumstances of the situation.
M.
2.
If the supervisor refuses to withdraw disciplinary materials which the employee
feels are unjustified, the employee shall have the right to attach his or her own
written view of the matter as part of the entry in the file.
3.
Without a subsequent documented history of disciplinary action, records of
previous discipline which are more than four (4) years old may not be used in
imposing current discipline.
Major and Minor Violations
1.
Discipline should be appropriate to the offense and to the offender. Discipline
should be applied equally and consistently to all like offenders.
2.
For minor offenses, discipline should be applied progressively, from the minimum
of verbal warnings throughout the range of disciplinary measures, until the
maximum measure of dismissal is reached.
3.
For serious offenses, discipline should begin further along in the discipline scale.
For certain types of very serious misconduct, immediate dismissal is justified,
with no prior warnings or disciplinary suspension. In such cases the employee is
normally suspended immediately pending an investigation, and dismissal will
follow if the investigation shows that dismissal is justified.
4.
In each instance the facts of the individual case should also be evaluated for
distinguishing circumstances which may justify imposing a differing degree of
discipline for the same type of offense. Repeating offenders, for example, in the
same or different types of offenses may justifiably receive more serious
disciplinary measures than first-time offenders with no previous record of
problems. It must be emphasized, however, that when such distinctions are made,
they must be carefully recorded and preserved for future application, equally and
consistently, to all like offenders.
5.
Following are some examples of progressively serious violations and the
respective levels of discipline that might justifiably be imposed. These examples
illustrate the way in which more serious violations warrant progressively more
serious discipline. This listing is intended merely to illustrate some of the
concepts involved in the corrective discipline program. It is not a comprehensive
catalogue of possible violations, nor does it try to account for all the relevant
circumstances that might have a bearing on the case per #4 above.
A.
OFFENSE
TYPE OF VIOLATION
DISCIPLINE
First
Second
Third
Tardiness
Tardiness
Tardiness
Verbal Warning
Written Warning
Suspension
B.
First
Second
Third
Waste of District Property
Insubordination
Smoking in Prohibited Area
Verbal Warning
Written Warning
Suspension
C.
First
Second
Third
Damage to District Property
Damage to District Property
Insubordination
Written Warning
Suspension
Dismissal
D.
First
Theft
Dismissal
E.
First
Arson
Dismissal
F.
First
Intoxicated at Work
Dismissal
G.
First
Possession of Illegal Drugs
Dismissal
H.
First
Immoral Conduct with Student
Dismissal
I.
First
Assault
Dismissal